Can an HOA change their smoking policy for smoking on your private balcony to say it is okay as long as you use an ash tray and it does not enterfear with anyones quiet enjoyment???
They are trying to fine us???
I'm not sure whether you are saying the HOA is tightening the rules, or relaxing them, by this new policy. An HOA is a kind of constitutional democracy, where the members have to live by the rules set by their elected representatives ...... up to a point. An HOA can overstep its authority just like Congress can pass an unconstitutional law. Setting outdoor smoking rules is kind of borderline overstepping it, as for private areas at least. You might want to think about term limits for the representatives you're electing to pass this legislation. Where it would go in court is unpredictable.
I'm not sure whether you are saying the HOA is tightening the rules, or relaxing them, by this new policy. An HOA is a kind of constitutional democracy, where the members have to live by the rules set by their elected representatives ...... up to a point. An HOA can overstep its authority just like Congress can pass an unconstitutional law. Setting outdoor smoking rules is kind of borderline overstepping it, as for private areas at least. You might want to think about term limits for the representatives you're electing to pass this legislation. Where it would go in court is unpredictable.
